Or. Admin. Code § 859-200-0020

Current through Register Vol. 63, No. 11, November 1, 2024

Section 859-200-0020 - Definitions

(1) "Administrative review" means a meeting of the Board where a quorum is present and where the Board considers requests for conditional release, requests for community evaluations or modifications to a person's current conditional release plan. At these hearings, parties are not present and testimony is not taken.

(2) "Administrative meeting" means any meeting of the Board where a quorum is present for the purpose of considering matters relating to Board policy and administration. Minutes shall be taken during an administrative meeting and distributed to Board members and interested persons. Minutes shall be voted on and approved at subsequent administrative meetings.

(3) "Community evaluation" is an assessment by a community mental health provider who determines if a person is appropriate for conditional release and if so, under what conditional release plan.

(4) "Commitment county" means the county in which the district attorney filed the initial petition. This is the same as the county in which the person is initially committed as an extremely dangerous person with mental illness under the jurisdiction of the Board.

(5) "Conditional release" means a grant by the court or by the Board for the person to reside outside the state hospital in the community under conditions for monitoring and treatment of the mental disorder resistant to treatment and the mental and physical health of the person.

(6) "Discharge" means that the person is no longer under the jurisdiction of the Board because any of the following occurs:

(a) The Board or Court determines, after a hearing, that the person no longer suffers from a mental disorder that is resistant to treatment or is no longer extremely dangerous; or

(b) The maximum 24-month period of commitment has expired, and the Board has not certified the person for continued treatment.

(7) "Extremely dangerous person with mental illness" or "person" refers to an extremely dangerous person with mental illness who is civilly committed to the jurisdiction of the Board by a court.

(8) "Hearing" means a hearing before the Board to consider any legal matter under its jurisdiction. The parties are provided with an opportunity to be heard, including the submission of evidence and the testimony of witnesses.

(9) "Incident Report" means a report completed by the PSRB case monitor that describes any significant behavioral or mental health changes, serious violations of conditional release requirements, psychotropic medication refusals, or any other information that is relevant to an individual's ability to be safely managed in a community setting. The incident report should contain the following information:

(a) A description of incident;

(b) A summary of the interventions that were used by community mental health provider staff;

(c) A summary of the debrief with the individual or a summary of why a debrief did not occur; and

(d) Any recommendations on how to mitigate future incidents, including but not limited to modifications to the individual's conditional release plan.

(10) "Qualifying Mental disorder" means a mental illness that is resistant to treatment. A "qualifying mental disorder" is resistant to treatment if, after receiving care from a licensed psychiatrist and exhausting all reasonable psychiatric treatment, or after refusing psychiatric treatment, the person continues to be significantly impaired in the person's ability to make competent decisions and to be aware of and control extremely dangerous behavior.

(11) "Mental illness" means:

(a) Any diagnosis of mental disorder which is a significant behavioral or psychological syndrome or pattern that is associated with distress or disability causing symptoms or impairment in at least one important area of an individual's functioning that is resistant to treatment.

(b) The term "mental illness" does not include an abnormality manifested solely by repeated criminal or otherwise antisocial conduct. The term "mental illness" does not include a disorder constituting solely a personality disorder and excludes a diagnosis of an intellectual disability or developmental disability as defined in ORS 427.005.

(12) "Parties" includes the extremely dangerous person with mental illness and the State of Oregon.

(13) "Psychiatric Security Review Board (PSRB)" or "Board" refers to the Adult Panel of the PSRB.

(14) "Quorum" means the presence of at least three members of the Adult Panel of the Board.

(15) "Recommitment" means any consecutive civil commitment of the person as an extremely dangerous person with mental illness under ORS chapter 426 occurring after another commitment on these grounds.

(16) "Recommitment county" means the county in which the district attorney filed the initial petition. This is the same as the county in which the person was initially committed as an extremely dangerous person with mental illness under the jurisdiction of the Board.

(17) "Supervising individual"; or " PSRB case monitor" means the individual whom the Board has designated as supervising the person on conditional release and who is required to report to the Board regarding the person's status.

(18) "State hospital; hospital" means a state hospital operated by the Oregon Health Authority.

(19) "Victim" means the person or persons who have suffered financial, social, psychological or physical harm as a result of one of the acts articulated in ORS 426.701(3)(a)(C) and for whom the extremely dangerous mentally ill person who is under the Board's jurisdiction. Victims include, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the extremely dangerous mentally ill person be considered a victim.

Or. Admin. Code § 859-200-0020

PSRB 1-2014, f. & cert. ef. 3-5-14; PSRB 1-2021, amend filed 02/22/2021, effective 2/22/2021; PSRB 3-2021, temporary amend filed 06/18/2021, effective 06/21/2021 through 12/17/2021; PSRB 1-2022, amend filed 01/13/2022, effective 1/13/2022

Statutory/Other Authority: ORS 161.387 & ORS 426.701

Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702